Background/Issues:

Long story cut short, I signed Tomlin order (TO) in 2007 to pay Northern Rockicon (NRAM) £200 a month. I lost my job and my wife stopped the direct debiticon without tell me (truth be told it would have failed anyway).

I tried to contact NRAM but they have a 0845 number and I didn't have the money to call them (sad but true).

Missed about 3 payments and NRAM got judgement for balance based on a term in the schedule that they could get judgement and enforce etc. NRAM have interim charging order set to be made final @ hearing in April.

Tomlin.jpg



Started working again and have a 15 min hearing to set asideicon CCJ/TO in May, my argument is based on the infamous default notice/termination issue.

I am under no illusions as my research has shown that it seems impossible to have a court set aside a TO but nothing ventured nothing gained.

My Contention:

Default notice

It is an established fact that an invalid default notice stops a lender from taking certain actions in McGuffick –v- The Royal Bank of Scotlandicon plc [2009] EWHC 2386 (Comm) the court confirmed that obtaining judgement is against a debtor is enforcement as well as demanding early repayment or terminating the agreement.

Tomlin order

My argument here is that the compromise was based on a mutual mistake of fact/law – We only entered the agreement because we thought that NRAM was entitled to demand early repayment and terminate the agreement.

“For a common mistake of fact or law to vitiate a contract of any kind, it must render the performance of the contract impossible” (The Great Peace [2002] EWCA Civ 14.)

Questions:

1. Does the bad notice/termination stop the court from applying the term of the TO shown above i.e. that is giving judgment and charging order.

2. Bad default notices can be made good but in my case that would negate the TO and also the CCJ?